Neutral Citation No. - 2025:AHC:30786 Court No. - 71 Case :- APPLICATION U/S 482 No. - 41351 of 2024 Applicant :- Raju Alias Girijendra Alias Gijendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Radhey Shyam Yadav, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Raju Alias Girijendra Alias Gijendra, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, most respectfully prayed this Hon'ble Court may kindly be pleased to allow this application and stay the effect and operation of the order dated 26.09.2024 passed by Additional District and Sessions Judge, Court No.8, Farrukhabad in Sessions Trial No. 900 of 2023, State Versus Raju alias Girijendra alias Gijendra arising out Case Crime No. 191 of 2023, Under Sections 302, 323, 504, 506, 452 of I.P.C., Police Station-Jahanganj, District-Farrukhabad pending in the Court of Additional District and Sessions Judge, Court No.8, Farrukhabad. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Sessions Trial No. 900 of 2023, State Versus alias Girijendra Raju alias Gijendra arising out Case Crime No. 191 of 2023, Under Sections 302, 323, 504, 506, 452 of I.P.C., Police Station-Jahanganj, District- Farrukhabad pending in the Court of Additional District and Sessions Judge, Court No.8, Farrukhabad during the pendency of the aforesaid case. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the otherwise the applicant shall irreparable loss and injury." 4. It transpires from record that during pendency of trial, prosecution filed an application under Section 173(8) Cr.P.C. before Court below seeking permission of the Court to conduct further investigation inasmuch as the necessary material (CCTV footage) which was looked into by the Investigating Officer but was not made part of the case diary. The said fact is also fortified from the application dated 05.07.2024 submitted to the Superintendent of Police Fatehgarh, Farrukhabad. 5. The procedure adopted by Court below in granting permission on the application under Section 173(8) Cr.P.C. for conducting further investigation was fully in conformity with the law laid down by the Apex Court in the case of Vinubhai Haribhai Malaviya and others Vs. State of Gujarat and Another (2019) 17 SCC 1. 6. Subsequent to above, the material collected by Investigating Officer was placed before Court. However, the accused was also heard. Thereafter, Court below has passed the order dated 26.09.2024 concluding therein that there cannot be any illegality in accepting the subsequent material collected by Investigating Officer on the record of the Sessions Trial inasmuch as it is a relevant material. Court below in support of above conclusion relied upon the judgment of Supreme Court in Anant Thanur Karmuse Vs. State of Maharashtra and others 2023 SCC Online SC 180. 7. On the above premise, the learned A.G.A. contends that the order impugned in present application is neither illegal nor in excess of jurisdiction. Ultimately, the object of the trial is to find out the truth. The procedure adopted by Court below is a step forward in that direction and not vice-versa. On the above premise, the learned A.G.A. thus contends that no interference is warranted by this Court in present application. 8. When confronted with above, the learned counsel for applicants could not overcome the same. 9. Having heard the learned counsel for applicant, the learned A.G.A. for State, and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 10. As a result, the present application fails and is liable to be dismissed. 11. It is, accordingly, dismissed. Order Date :- 28.2.2025/Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad